Another confusion with condition 8558, Visiotr visa (Parent)

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Another confusion with condition 8558, Visiotr visa (Parent)


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  #1 (permalink)  
Old 05-16-2018, 09:39 AM
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Another confusion with condition 8558, Visiotr visa (Parent)

Hi All

My mum is holding Visitor visa subclass 600 with the visa condition 8558 and the explanation of this condition is only 'The holder must not stay in Australia for more than 12 months in any period of 18 months.

Visa granted on 15 June 2017
Visa expiry date 15 June 2020

First Entry: 03 August 2017 and left on 7 May 2018. Stayed in Australia for 277 days or 9 months

Next intended Entry: 07 September 2018

The time overseas between 1st entry and next intended entry is 123 days or 4 months.

Well as I understand she needs to be out of Australia for 6 months in a 18 months period, but when did these "18 months" started? On visa grant (15 June 2017) or 1st entry (03 August 2017)?

And if she comes on 07 September 2018 can she stay another 9 months or so?

Huge thanks in advance!


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Old 05-16-2018, 10:56 PM
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The 18 months doesn't start on any fixed date, it would be on a rolling basis. So if you look at any 18-month period, she cannot be in Australia for more than 12 months.

For example:
Between Aug. 3, 2017 and Feb. 2 2019 she cannot be in Australia for more than 12 months.
Between Sept. 3, 2017 and March 2, 2019 she cannot be in Australia for more than 12 months.
And so on....

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Old 01-11-2019, 11:16 AM
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[QUOTE=Maggie-May24;1883101]The 18 months doesn't start on any fixed date, it would be on a rolling basis. So if you look at any 18-month period, she cannot be in Australia for more than 12 months.

For example:
Between Aug. 3, 2017 and Feb. 2 2019 she cannot be in Australia for more than 12 months.
Between Sept. 3, 2017 and March 2, 2019 she cannot be in Australia for more than 12 months.
And so on....



Dear Friends

Sorry if that has been asked here before but somehow i couldn't understand the way i need to count the days....So please help with simple formula.... Appreciate all.

Hope you all are good. Here I need a big help from experience people in regards to understanding of Visitor Visa condition of 8558.

My Mother got 3 year Visitor visa (600) with condition of 8558 means can't stay more than 12 months in 18 months total. She got her visa on 21/09/17, made
First entry on 9th Nov 17 till 05 Feb 18..
Second Visit 26 April 18 till 27 Sep 18.
Current Visit 11 Dec 18- Till Now

Are she still under Visa condition of 12M/18M? How long can she stay this time?(Exact Date if Possible)

I am planning to call her back on September this year so will it be okay? If yes, then how long can she stay with us then?

Very Very Confused & can't think more.

Please help to calculate her stay in better way?

Thanks

Krazzy


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Old 01-11-2019, 01:05 PM
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Quote:
Originally Posted by Krazzy10 View Post
Dear Friends

Sorry if that has been asked here before but somehow i couldn't understand the way i need to count the days....So please help with simple formula.... Appreciate all.

Hope you all are good. Here I need a big help from experience people in regards to understanding of Visitor Visa condition of 8558.

My Mother got 3 year Visitor visa (600) with condition of 8558 means can't stay more than 12 months in 18 months total. She got her visa on 21/09/17, made
First entry on 9th Nov 17 till 05 Feb 18..
Second Visit 26 April 18 till 27 Sep 18.
Current Visit 11 Dec 18- Till Now

Are she still under Visa condition of 12M/18M? How long can she stay this time?(Exact Date if Possible)

I am planning to call her back on September this year so will it be okay? If yes, then how long can she stay with us then?

Very Very Confused & can't think more.

Please help to calculate her stay in better way?

Thanks

Krazzy
She has spent less than 6 months out of country between her first three visits, so the first thing is that her current stay combined with her first two cannot exceed 12 months. Her first stay was for alomost 3 months and the second just over 5 months so the current one can be around 4 months maximum. That would imply a stay till around 13 April (but not sure how days arriving and departing count so be careful cutting it fine).

If she then comes back on 1 September 2019, she would have been out of country for more than 6 months on her last two absences. She should be able to stay almost a full 8 months which would be end April 2020.


Last edited by taco; 01-11-2019 at 01:15 PM.

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Old 01-11-2019, 01:26 PM
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Quote:
Originally Posted by taco View Post
Quote:
Originally Posted by Krazzy10 View Post
Dear Friends

Sorry if that has been asked here before but somehow i couldn't understand the way i need to count the days....So please help with simple formula.... Appreciate all.

Hope you all are good. Here I need a big help from experience people in regards to understanding of Visitor Visa condition of 8558.

My Mother got 3 year Visitor visa (600) with condition of 8558 means can't stay more than 12 months in 18 months total. She got her visa on 21/09/17, made
First entry on 9th Nov 17 till 05 Feb 18..
Second Visit 26 April 18 till 27 Sep 18.
Current Visit 11 Dec 18- Till Now

Are she still under Visa condition of 12M/18M? How long can she stay this time?(Exact Date if Possible)

I am planning to call her back on September this year so will it be okay? If yes, then how long can she stay with us then?

Very Very Confused & can't think more.

Please help to calculate her stay in better way?

Thanks

Krazzy
She has spent less than 6 months out of country between her first three visits, so the first thing is that her current stay combined with her first two cannot exceed 12 months. Her first stay was for alomost 3 months and the second just over 5 months so the current one can be around 4 months maximum. That would imply a stay till around 13 April (but not sure how days arriving and departing count so be careful cutting it fine).

If she then comes back on 1 September 2019, she would have been out of country for more than 6 months on her last two absences. She should be able to stay almost a full 8 months which would be end April 2020.
Hi Taco

Thanks for reply. Yes, she can stay till 9th April maximum & then she has to leave. That''s also finish her 12 months stay here in 18Months..
But just don't understand one thing, how you calculated 1 sep return? If she leave in April & come back Sep, its only 5 months then away from Australia. How you have calculate that?
Thanks Heaps


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Old 01-11-2019, 05:29 PM
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Quote:
Originally Posted by Krazzy10 View Post
Hi Taco

Thanks for reply. Yes, she can stay till 9th April maximum & then she has to leave. That''s also finish her 12 months stay here in 18Months..
But just don't understand one thing, how you calculated 1 sep return? If she leave in April & come back Sep, its only 5 months then away from Australia. How you have calculate that?
Thanks Heaps
Because she was also out of the country from 27 Sep 18 to 11 Dec 18, those days count towards your 6 months as long as they are in the last 18.

At any day, you can just look back over the last 18 months. As long as 6 months of those were spent out of Australia (not just the current period but all previous periods outside the country in those 18 months) then you are ok.

In this case:
27 Sep 18 - 11 Dec 18: 75 days (~2.5 months)
10 April - 1 Sep: 144 days (~4.7 months)
Total > 6 months so ok.

A different way of calculating - has she spent more than 365 days in country in the last 18 months? So on 1 Sep 2019, 18 months back would be 1 Mar 2018. The first visit is no longer relevant as it was before that time.

Days in country since then:
26 April 18 - 27 Sep 18: 154
11 Dec 18 - 9 Apr 19: 119

So 273 days (~9 months) in country in last 18 months, no problem. What you then have to be careful with is that during that stay you also don't exceed the days in country. You would have a buffer of ~3 months before reaching 12, but before you reach that than the 2nd visit will already start dropping out of the 18 month window which helps, as for each day that is added to the current visit you will drop a day from the 2nd visit.

Hope that makes sense.


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Old 07-01-2019, 01:07 PM
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Please update your flag here .

Thanks Mate


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Old 07-01-2019, 01:09 PM
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She left Australia on 30th March... Can she come back now again soon as that's her 2nd part of visa starts which is 12m in 18 m max?
Thanks


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